July 16, 2004 Keith Stamm Senior Vice President and Chief Operating Officer Aquila, Inc. 20 W. 9th Street Kansas City, MO 64105 Re: Reimbursement Agreement dated September 13, 2002 between Aquila Energy Marketing Corporation and St.Paul Fire and...Aquila Inc • July 20th, 2004 • Electric services
This letters confirms our understanding and agreement concerning termination of the payment obligations of Aquila Energy Marketing Corporation (“Aquila”) under the agreement referenced above (the “Reimbursement Agreement”). Aquila entered into the Reimbursement Agreement in order to confirm its intentions to reimburse St. Paul Fire and Marine Insurance Company (“St. Paul”) for costs incurred by St. Paul as a result of National Indemnity Company (“NICO”) becoming the co-surety on Advance Payment Surety Bond number 400JS9376 issued to the Municipal Gas Authority of Mississippi as obligee and Advanced Payment Surety Bond number 400JY1330 issued to American Public Energy Agency as obligee (each individually being a “Surety Bond” and, collectively, the “Surety Bonds”). Those costs include an annual fee due on or about September 13th of each year and a monthly fee representing the lost investment income on amounts that St. Paul is required by NICO to maintain in a collateral account with Ber
COLLATERAL DEPOSIT AND SETTLEMENT AGREEMENTCollateral Deposit and Settlement Agreement • July 20th, 2004 • Aquila Inc • Electric services • New York
THIS COLLATERAL DEPOSIT AND SETTLEMENT AGREEMENT (this “Agreement”) is entered into effective July 19, 2004 by and among Aquila, Inc., formerly known as UtiliCorp United Inc., American Merchant Services, Inc., successor to Aquila Energy Marketing Corporation and each of their subsidiaries and affiliates (hereinafter collectively referred to as “Aquila”), and Travelers Casualty and Surety Company, Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company and each of their subsidiaries and affiliates (hereinafter collectively referred to as “St. Paul Travelers”). Aquila and St. Paul Travelers shall be collectively referred to as the “Parties” and individually as “Party” or by their proper name.
ESCROW AGREEMENTEscrow Agreement • July 20th, 2004 • Aquila Inc • Electric services • Missouri
This Escrow Agreement (this “Agreement”), dated as of June 29, 2004, is made by and among AQUILA, INC., a Delaware corporation (“Aquila, Inc.”) and AQUILA MERCHANT SERVICES, INC. (“AMS,” together with Aquila, Inc., collectively, “Aquila”), FEDERAL INSURANCE COMPANY, an Indiana corporation (“Federal”), PACIFIC INDEMNITY COMPANY, a Wisconsin corporation (“Pacific,” together with Federal, collectively, “Chubb”) and COMMERCE BANK, NATIONAL ASSOCIATION, Kansas City, Missouri, a national banking association duly organized and existing under the laws of the United States (the “Escrow Agent”).
